Status quo for DPW utility division

The new utility division of the Department of Public Works will follow the same employment and procurement procedures as the former Commonwealth Utilities Corp. during the transition period.

Gov. Benigno R. Fitial issued this directive on April 6, 2006, saying that keeping the status quo will help the agency in the transition.

The former CUC became a division within DPW pursuant to Fitials’s “Reorganization Plan No. 1 of 2006” issued Jan. 27, 2006.

“Today, CUC is a division under DPW, an executive branch department. As a result, certain functions of CUC that were conducted in a different manner as an autonomous agency no require compliance with Executive Branch rules and regulations,” Fitial said.

“However, in consideration of the transition period for CUC, its procedures for processing of employment and procurement contracts shall remain status quo, with the exception of the legal counsel(s) assigned to review such contracts,” he added.

Rather than CUC’s own legal counsels, the Attorney General’s Office will now review and execute employment and procurement contracts to approve their legal form, the governor said.

Fitial’s Executive Order No. 2006-1, which contained the reorganization plan, abolishes the CUC board and transfers its functions to the DPW. It will be headed by a chief executive officer rather than an executive director. The CEO will have the rank of division director.

The executive order also tasks the governor’s special assistant for management and budget, special assistant for administration, and the personnel director to consult with each other regarding the integration of the CUC personnel into the new DPW division.

“Pending the integration of personnel their terms of employment with the abolished agency shall continue to apply to the extent permitted by law,” states the executive order.

It also tasks the governor’s special assistant for management and budget to determine, subject to the governor’s approval, the transfer of unexpended funds from the defunct CUC into the DPW.

“In the transfer of such funds, an amount may be included for the liquidation of obligations incurred prior to the transfer. Any portion of such balances not so transferred may be reprogrammed by the governor,” adds the executive order.

In issuing the executive order, Fitial cited his constitutional authority to make changes in the allocation of offices, agencies, and instrumentalities of the government. He said the move was necessary for efficient administration. (Agnes E. Donato)